Warez Eve, Martin Paul
Punctum Books,
12/2021
eBook
Odprti dostop
When most people think of piracy, they think of Bittorrent and The Pirate Bay. These public manifestations of piracy, though, conceal an elite worldwide, underground, organized network of pirate ...groups who specialize in obtaining media – music, videos, games, and software – before their official sale date and then racing against one another to release the material for free. Warez: The Infrastructure and Aesthetics of Piracy is the first scholarly research book about this underground subculture, which began life in the pre-internet era Bulletin Board Systems and moved to internet File Transfer Protocol servers (“topsites") in the mid- to late-1990s. The “Scene," as it is known, is highly illegal in almost every aspect of its operations. The term “Warez" itself refers to pirated media, a derivative of “software." Taking a deep dive in the documentary evidence produced by the Scene itself, Warez describes the operations and infrastructures an underground culture with its own norms and rules of participation, its own forms of sociality, and its own artistic forms. Even though forms of digital piracy are often framed within ideological terms of equal access to knowledge and culture, Eve uncovers in the Warez Scene a culture of competitive ranking and one-upmanship that is at odds with the often communalist interpretations of piracy. Broad in scope and novel in its approach, Warez is indispensible reading for anyone interested in recent developments in digital culture, access to knowledge and culture, and the infrastructures that support our digital age.
The object of copyright is to protect the author of the copyrighted work from any unlawful reproduction or exploitation of his or her work by others. On one hand copyright granted extensive rights to ...the authors and creators whereas on the other hand it sets out some limitations on the rights of the authors. The law does not permit one to appropriate him to what has been produced by the labor, skill and capital of another. This is the very foundation of Copyright Law. A fair dealing is a copying of the copyrighted work without the permission of the author. A fair dealing with a literary, dramatic, musical or artistic work for the purpose of research or private study or criticism or review, whether of that work or any other work shall not constitute an infringement of copyright. Fair dealing is the permitted copying of the copyrighted work. The term fair dealing has not been defined anywhere in copyright law but the court on several occasions elaborated and explained this doctrine. The aim of this paper is to analyze the scope and extent of doctrine of fair dealing with the help of national and international law and judicial interpretation.
Growing out of the rap and hip hop genres as well as advances in digital editing tools, music mashups have emerged as a defining genre for post-Napster generations. Yet the uncertain contours of ...copyright liability as well as prohibitive transaction costs have pushed this genre underground, stunting its development, limiting remix artists' commercial channels, depriving sampled artists of fair compensation, and further alienating netizens and new artists from the copyright system. In the real world of transaction costs, subjective legal standards, and market power, no solution to the mashup problem will achieve perfection across all dimensions. The appropriate inquiry is whether an allocation mechanism achieves the best overall resolution of the trade-offs among authors' rights, cumulative creativity, freedom of expression, and overall functioning of the copyright system. By adapting the long-standing cover license for the mashup genre, Congress can support a charismatic new genre while affording fairer compensation to owners of sampled works, engaging the next generations, and channeling disaffected music fans into authorized markets.
ResearchGate is increasingly used by scholars to upload the full-text of their articles and make them freely available for everyone. This study aims to investigate the extent to which ResearchGate ...members as authors of journal articles comply with publishers’ copyright policies when they self-archive full-text of their articles on ResearchGate. A random sample of 500 English journal articles available as full-text on ResearchGate were investigated. 108 articles (21.6%) were open access (OA) published in OA journals or hybrid journals. Of the remaining 392 articles, 61 (15.6%) were preprint, 24 (6.1%) were post-print and 307 (78.3%) were published (publisher) PDF. The key finding was that 201 (51.3%) out of 392 non-OA articles infringed the copyright and were non-compliant with publishers’ policy. While 88.3% of journals allowed some form of self-archiving (SHERPA/RoMEO green, blue or yellow journals), the majority of non-compliant cases (97.5%) occurred when authors self-archived publishers’ PDF files (final published version). This indicates that authors infringe copyright most of the time not because they are not allowed to self-archive, but because they use the wrong version, which might imply their lack of understanding of copyright policies and/or complexity and diversity of policies.
Through an exploration of women authors' engagements with copyright and married women's property laws, American Women Authors and Literary Property, 1822–1869, revises nineteenth-century American ...literary history, making women's authorship and copyright law central. Using case studies of five popular fiction writers - Catharine Sedgwick, Harriet Beecher Stowe, Fanny Fern, Augusta Evans, and Mary Virginia Terhune - Homestead shows how the convergence of copyright and coverture both fostered and constrained white women's agency as authors. Women authors exploited their status as nonproprietary subjects to advantage by adapting themselves to a copyright law that privileged readers'access to literature over authors' property rights. Homestead's inclusion of the Confederacy in this work sheds light on the centrality of copyright to nineteenth-century American nationalisms and on the strikingly different construction of author reader relations under U.S. and Confederate copyright laws.
Copyright owners' exclusive right to communicate to the public includes the 'making available' of a work, as set out in the 'WIPO Internet Treaties' of 1996. The right has been implemented in ...countries such as Australia and Canada, however, the overlap between the 'making available' aspect of the communication right and the reproduction right remains unresolved. The Supreme Court of Canada has sought to limit overlaps between these rights. In 'Society of Composers, Authors and Music Publishers of Canada v Entertainment Software Association of Canada' (''SOCAN v ESA''), the Court held that when a person makes a durable copy of a work available for download, this is not a communication of a work to the public, but merely an 'authorisation' of its reproduction, and therefore an exercise of the reproduction right. The Canadian approach and sentiment towards overlaps may be contrasted with that of Australian courts, which tend to take overlaps in protection as a given, and show limited concern about double dipping or doctrinal clarity. The 'National Rugby League Investments Pty Ltd v Singtel Optus Pty Ltd' case and relatively recent cases involving Redbubble Ltd decided by the Federal Court of Australia are examples of this. In drawing out lessons from the groundbreaking 'SOCAN v ESA' decision, this article prompts Australian courts to interpret the communication right in a careful and considered manner that limits overlaps in protection.
In this enlightening book James Boyle describes what he calls the range wars of the information age-today's heated battles over intellectual property. Boyle argues that just as every informed citizen ...needs to know at least something about the environment or civil rights, every citizen should also understand intellectual property law. Why? Because intellectual property rights mark out the ground rules of the information society, and today's policies are unbalanced, unsupported by evidence, and often detrimental to cultural access, free speech, digital creativity, and scientific innovation.
Boyle identifies as a major problem the widespread failure to understand the importance of the public domain-the realm of material that everyone is free to use and share without permission or fee. The public domain is as vital to innovation and culture as the realm of material protected by intellectual property rights, he asserts, and he calls for a movement akin to the environmental movement to preserve it. With a clear analysis of issues ranging from Jefferson's philosophy of innovation to musical sampling, synthetic biology and Internet file sharing, this timely book brings a positive new perspective to important cultural and legal debates. If we continue to enclose the "commons of the mind," Boyle argues, we will all be the poorer.
The World Arachnida Catalog ( WAC, online at https://wac.nmbe.ch) is introduced as an amalgamation of the highly successful World Spider Catalog (WSC), the Pseudoscorpions of the World Catalog, and ...the Smaller Arachnid Order Catalogs. The new catalogs present all available taxonomic information on eight arachnid orders (Amblypygi, Araneae, Pseudoscorpiones, Ricinulei, Palpigradi, Schizomida, Solifugae and Uropygi) in a single location and a standardized format, continuously updated by specialists, to members of the World Spider Catalog Association (WSCA). For the first time, the majority of taxonomic literature for Pseudoscorpiones and the smaller arachnid orders will be available in downloadable PDF format for members according to the Swiss copyright laws. Up-to-date counts of families, genera and species are given alongside the current taxonomy for each taxon. Now in a common place and presented in an almost unified format, the new catalog aims to become the primary repository of taxonomic information for the Arachnida and will hopefully stimulate arachnological research across all arachnid orders by removing boundaries imposed by literature accessibility, incompatibility of formats, or taxonomic jargon.
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